Upon expiration of the recess, the Senate reconvened and,
without objection, returned to the third order of business.
A message from The Clerk of the House of Delegates announced
the amendment by that body, passage as amended with its House of
Delegates amended title, to take effect from passage, and requested
the concurrence of the Senate in the House of Delegates amendments,
as toEng. Com. Sub. for Senate Bill No. 213, Restricting actions
brought by nonresidents in state court.
On motion of Senator Chafin, the message on the bill was taken
up for immediate consideration.
The following House of Delegates amendments to the bill were
reported by the Clerk:
On page two, by striking out everything after the enacting
section and inserting in lieu thereof the following:ARTICLE 1. VENUE.§56-1-1. Venue generally.
(a) Any civil action or other proceeding, except where it is
otherwise specially provided, may hereafter be brought in the
circuit court of any county:
(1) Wherein any of the defendants may reside or the cause of
action arose, except that an action of ejectment or unlawful
detainer must be brought in the county wherein the land sought to
be recovered, or some part thereof, is; or
(2) If a corporation be a defendant, wherein its principal
office is or wherein its mayor, president or other chief officer
resides; or if its principal office be not in this state, and its
mayor, president or other chief officer do not reside therein,
wherein it does business; or if it be a corporation organized under
the laws of this state which has its principal office located
outside of this state and which has no office or place of business
within the state, the circuit court of the county in which the
plaintiff resides or the circuit court of the county in which the
seat of state government is located shall have jurisdiction of all
actions at law or suits in equity against suchthe corporation,
where the cause of action arose in this state or grew out of the
rights of stockholders with respect to corporate management; or
(3) If it be to recover land or subject it to a debt, wherein
suchwhere the land or any part thereof may be; or
(4) If it be against one or more nonresidents of the state,
whereinwhere any one of them may be found and served with process
or may have estate or debts due him or them; or
(5) If it be to recover a loss under any policy of insurance
upon either property, life or health or against injury to a person,
whereinwhere the property insured was situated either at the date
of the policy or at the time when the right of action accrued or
the person insured had a legal residence at the date of his or her
death or at the time when the right of action accrued; or
(6) If it be on behalf of the state in the name of the
attorney general or otherwise, whereinwhere the seat of government
is; or
(7) If a judge of a circuit be interested in a case which, but
for such interest, would be proper for the jurisdiction of his or
her court, the action or suit may be brought in any county in an
adjoining circuit.
(b) Whenever a civil action or proceeding is brought in the
county whereinwhere the cause of action arose, under the
provisions of subsection (a) of this section, if no defendant
resides in suchthe county, a defendant to the action or proceeding
may move the court before which the action is pending for a change
of venue to a county whereinwhere one or more of the defendants
resides and upon a showing by the moving defendant that the county
to which the proposed change of venue would be made would better
afford convenience to the parties litigant and the witnesses likely
to be called, and if the ends of justice would be better served by
suchthe change of venue, the court may grant suchthe motion.(c) Effective for actions filed after the effective date of
this section, a nonresident of the state may not bring an action in
a court of this state unless all or a substantial part of the acts
or omissions giving rise to the claim asserted occurred in this
state: Provided, That unless barred by the statute of limitations
or otherwise time barred in the state where the action arose, a nonresident of this state may file an action in state court in this
state if the nonresident cannot obtain jurisdiction in either
federal or state court against the defendant in the state where the
action arose. A nonresident bringing such an action in this state
shall be required to establish, by filing an affidavit with the
complaint for consideration by the court, that such action cannot
be maintained in the state where the action arose due to lack of
any legal basis to obtain personal jurisdiction over the defendant.
In a civil action where more than one plaintiff is joined, each
plaintiff must independently establish proper venue. A person may
not intervene or join in a pending civil action as a plaintiff
unless the person independently establishes proper venue. If venue
is not proper as to any such nonresident plaintiff in any court of
this state, the court shall dismiss the claims of the plaintiff
without prejudice to refiling in a court in any other state or
jurisdiction.;
And,
On page one, by striking out the title and substituting
therefor a new title, to read as follows:Eng. Com. Sub. for Senate Bill No. 213--A Bill to amend and
reenact section one, article one, chapter fifty-six of the code of
West Virginia, one thousand nine hundred thirty-one, as amended,
relating to venue in West Virginia state courts as it applies to
nonresidents of the state; providing that a nonresident may not bring an action in this state unless all or a substantial part of
the acts or omissions giving rise to the claim asserted occurred in
this state; setting forth the conditions under which a nonresident
can file an action in this state if the nonresident cannot obtain
jurisdiction over a defendant in the state where the action arose;
requiring a nonresident to establish that such action cannot be
maintained in the state where the action arose due to lack of any
legal basis to obtain personal jurisdiction over the defendant;
providing that in a civil action where more than one plaintiff is
joined, each plaintiff must independently establish proper venue;
limiting a nonresident from intervening or joining as a plaintiff
unless the person independently establishes proper venue; and
requiring the court to dismiss a plaintiff without prejudice if
venue is not proper as to any such nonresident plaintiff in any
court of this state.
On motion of Senator Chafin, the Senate concurred in the House
of Delegates amendments to the bill.
Engrossed Committee Substitute for Senate Bill No. 213, as
amended by the House of Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Bailey, Boley,
Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 213) passed with its House of Delegates
amended title.Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence in the changed
effective date.
A message from The Clerk of the House of Delegates announced
that that body had refused to concur in the Senate amendments to,
and requested the Senate to recede therefrom, as toEng. House Bill No. 2866, Relating to construction financing
for surface transportation improvements through federal grant
anticipation note.
On motion of Senator Chafin, the Senate refused to recede from
its amendments to the bill and requested the appointment of a
committee of conference of three from each house on the disagreeing
votes of the two houses.
Whereupon, Senator Tomblin (Mr. President) appointed the
following conferees on the part of the Senate:
Senators Plymale, Bailey and Facemyer.Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.

Executive Communications

The following communication from His Excellency, the Governor,
was reported by the Clerk:

STATE OF WEST VIRGINIA

OFFICE OF THE GOVERNOR

CHARLESTON

March 5, 2003

The Honorable Earl Ray Tomblin
President, West Virginia Senate
State Capitol
Charleston, West Virginia
Dear Mr. President:
Pursuant to Section 14, Article VII of the Constitution of
West Virginia, "Any bill shall not be returned by the Governor
within five days, Sundays excepted, after it shall have been
presented to him shall be a law,. . . . " As such, after great
thought, I have decided to permit Engrossed Committee Substitute
for Committee Substitute for Senate Bill No. 170 to become law
without my signature. I vetoed similar legislation last year.
This bill has made some improvements. While I do not feel a
compelling need for this legislation, I recognize the strong
majorities in both houses that have voted for this bill. Rather
than have the Legislature consume more time on this subject, I will permit this to become law while recognizing the need for some
improvements and urging corrections of some features in future
legislation.
As I stated in my State of the State address--I am committed
to improving the quality, affordability and availability of health
care to our citizens. This year I introduced legislation that will
deal with our medical malpractice crisis to not only help keep our
doctors practicing, but attract new doctors to our state. The
Legislature is in the final days of passing a bill that would give
doctors the assistance they need to continue practicing in our
state.
While acknowledging some improvements from last year's bill,
I am still concerned this bill will expose health care providers to
additional liability at a time when all of us have been working to
improve the medical climate in West Virginia. I also must express
my concern that the privacy of patients and their doctors is not
adequately protected. These are issues I hope the Legislature will
work with me to resolve.
For these reasons, I will let this bill become law without my
signature.
Very truly yours,
Bob Wise,Governor.
The Senate proceeded to the ninth order of business. Eng. Com. Sub. for House Bill No. 2083, Expanding personnel
covered by job sharing in the school system.
On second reading, coming up in regular order, was read a
second time.
The following amendment to the bill, from the Committee on
Education, was reported by the Clerk and adopted:
On page two, by striking out everything after the enacting
section and inserting in lieu thereof the following:

CHAPTER 18. EDUCATION.

ARTICLE 5. COUNTY BOARD OF EDUCATION.

§18-5-13. Authority of boards generally.The boardsEach county board, subject to the provisions of
this chapter and the rules of the state board, havehas the
authority:
(a) To control and manage all of the schools and school
interests for all school activities and upon all school property,
whether owned or leased by the county, including the authority to
require that records be kept of all receipts and disbursements of
all funds collected or received by any principal, teacher, student
or other person in connection with the schools and school
interests, any programs, activities or other endeavors of any
nature operated or carried on by or in the name of the school, or
any organization or body directly connected with the school, to
audit the records and to conserve the funds, which shall be considered quasi-public moneys, including securing surety bonds by
expenditure of board moneys;
(b) To establish schools, from preschool through high school,
inclusive of vocational schools; and to establish schools, and
programs or both, for post-high school instruction, subject to
approval of the state board of education;
(c) To close any school which is unnecessary and to assign the
pupils of the school to other schools: Provided, That the closing
shall be officially acted upon, and teachers and service personnel
involved notified on or before the first Monday in April, in the
same manner as provided in section four of this article, except in
an emergency, subject to the approval of the state superintendent,
or under subdivision (e) of this section;
(d) To consolidate schools;
(e) To close any elementary school whose average daily
attendance falls below twenty pupils for two months in succession
and send the pupils to other schools in the district or to schools
in adjoining districts. If the teachers in the closed school are
not transferred or reassigned to other schools, they shall receive
one month's salary;
(f) (1) To provide at public expense adequate means of
transportation, including transportation across county lines for
students whose transfer from one district to another is agreed to
by both county boards as reflected in the minutes of their respective meetings, for all children of school age who live more
than two miles distance from school by the nearest available road;
to provide at public expense, and according to such rules as the
board may establish, adequate means of transportation for school
children participating in county board-approved curricular and
extracurricular activities; and to provide in addition thereto at
public expense, by rules and within the available revenues,
transportation for those within two miles distance; and to provide,
in addition thereto, at no cost to the county board and according
to rules established by the board, transportation for participants
in projects operated, financed, sponsored or approved by the
commission on aging, all subject to the following:(A)Provided, That allAll costs and expenses incident in any
way to transportation for projects connected with the commission on
aging shall be borne by the commission, or the local or county
chapter of the commission;(B)Provided, however, That inIn all cases, the school buses
owned by the county board of education shall be driven or operated
only by drivers regularly employed by the county board; of
education:(C)Provided further, That theThe county board may provide,
under rules established by the state board, for the certification
of professional employees as drivers of county board-owned vehicles
with a seating capacity of less than ten passengers used for the transportation of pupils for school-sponsored activities other than
transporting students between school and home. And provided
further, That theThe use of the vehicles shall be limited to one
for each school-sponsored activity; and
_____(D)And provided further, That busesBuses shall be used for
extracurricular activities as provided in this section only when
the insurance provided for by this section is in effect;
(2) To enter into agreements with one another as reflected in
the minutes of their respective meetings to provide, on a
cooperative basis, adequate means of transportation across county
lines for children of school age subject to the conditions and
restrictions of this subdivisionsubsection and subdivision
subsection (h) of this section;
(g) (1) To lease school buses operated only by drivers
regularly employed by the county board to public and private
nonprofit organizations or private corporations to transport
school-age children to and from camps or educational activities in
accordance with rules established by the county board. All costs
and expenses incurred by or incidental to the transportation of the
children shall be borne by the lessee;
(2) To contract with any college or university or officially
recognized campus organizations to provide transportation for
college or university students, faculty or staff to and from the
college or university. Provided, That onlyOnly college and university students, faculty and staff are beingmay be transported
pursuant to this section. The contract shall include consideration
and compensation for bus operators, repairs and other costs of
service, insurance and any rules concerning student behavior;
(h) To provide at public expense for insurance against the
negligence of the drivers of school buses, trucks or other vehicles
operated by the board; and if the transportation of pupils is
contracted, then the contract for the transportation shall provide
that the contractor shall carry insurance against negligence in an
amount specified by the board;
(i) To provide solely from county board funds for all regular
full-time employees of the county board all or any part of the cost
of a group plan or plans of insurance coverage not provided or
available under the West Virginia public employees insurance act;
(j) To employ teacher aides, to provide in-service training
for teacher aides, the training to be in accordance with rules of
the state board and, in the case of service personnel assuming
duties as teacher aides in exceptional children programs, to
provide a four-clock-hour program of training prior to the
assignment which shall, in accordance with rules of the state
board, consist of training in areas specifically related to the
education of exceptional children;
(k) To establish and conduct a self-supporting dormitory for
the accommodation of the pupils attending a high school or participating in a post high school program and of persons employed
to teach in the high school or post high school program;
(l) To employ legal counsel;
(m) To provide appropriate uniforms for school service
personnel;
(n) To provide at public expense and under rules as
established by any county board of education for the payment of
traveling expenses incurred by any person invited to appear to be
interviewed concerning possible employment by the county board; of
education;
(o) To allow or disallow their designated employees to use
publicly provided carriage to travel from their residences to their
workplace and return: Provided, That the usage is subject to the
supervision of the county board and is directly connected with and
required by the nature and in the performance of the employee's
duties and responsibilities;
(p) To provide, at public expense, adequate public liability
insurance, including professional liability insurance for county
board employees;
(q) To enter into agreements with one another to provide, on
a cooperative basis, improvements to the instructional needs of
each countydistrict. The cooperative agreements may be used to
employ specialists in a field of academic study or support
functions or services for the academic study. The agreements are subject to approval by the state board; of education;
(r) To provide information about vocational or higher
education opportunities to students with handicapping conditions.
The county board shall provide in writing to the students and their
parents or guardians information relating to programs of vocational
education and to programs available at state-funded institutions of
higher education. The information may include sources of available
funding, including grants, mentorships and loans for students who
wish to attend classes at institutions of higher education;
(s) To enter into agreements with one another, with the
approval of the state board, for the transfer and receipt of any
and all funds determined to be fair when students are permitted or
required to attend school in a countydistrict other than the
countydistrict of their residence; and
(t) To enter into job-sharing arrangements, as defined in
section one, article one, chapter eighteen-a of this code, with its
professional employees, subject to the following provisions:_____(1)Provided, That aA job-sharing arrangement shall meet all
the requirements relating to posting, qualifications and seniority,
as provided for in article four, chapter eighteen-a of this code;(2)Provided, however, That notwithstandingNotwithstanding
any provisions of this code or legislative rule and specifically
the provisions of article fifteensixteen, chapter five of this
code to the contrary, a county board which enters into a job-sharing arrangement whereinin which two or more professional
employees voluntarily share an authorized full-time position shall
provide the mutually agreed upon employee coverage but shall not
offer insurance coverage to more than one of the job-sharing
employees, including any group plan or group plans available under
the state public employees insurance act;(3) Each job-sharing agreement shall be in writing on a form
prescribed and furnished by the county board. The agreement shall
designate specifically one employee only who is entitled to the
insurance coverage. Any employee who is not so designated is not
eligible for state public employees insurance coverage regardless
of the number of hours he or she works;(4)provided further, That allAll employees involved in the
job-sharing agreement meet the requirements of subdivision (4)(3),
section two, article sixteen, chapter five of this code; and
_____(5) When entering into a job-sharing agreement, the county
board and the employees involved in the job-sharing agreement shall
consider issues such as retirement benefits, termination of the
job-sharing agreement and any other issue the parties to the
agreement consider appropriate. Any provision in the agreement
relating to retirement benefits shall not cause any cost to be
incurred by the retirement system that is more than the cost that
would be incurred if a single employee were filling the position.
"Quasi-public funds" as used in this section means any money received by any principal, teacher, student or other person for the
benefit of the school system as a result of curricular or
noncurricular activities.The board of each countyEach county board shall expend under
rules it establishes for each child an amount not to exceed the
proportion of all school funds of the district that each child
would be entitled to receive if all the funds were distributed
equally among all the children of school age in the district upon
a per capita basis.

CHAPTER 18A. SCHOOL PERSONNEL.

ARTICLE 1. GENERAL PROVISIONS.

§18A-1-1. Definitions.
The definitions contained in section one, article one, chapter
eighteen of this code apply to this chapter. In addition, the
following words used in this chapter and in any proceedings
pursuant theretoto this chapter shall, unless the context clearly
indicates a different meaning, be construed as follows:
(a) "School personnel" means all personnel employed by a
county board of education whether employed on a regular full-time
basis, an hourly basis or otherwise. School personnel shall be
comprised of two categories: Professional personnel and service
personnel;
(b) "Professional personnel" means persons who meet the
certification requirements of the state,and/or licensing requirements of the state or both and includes the professional
educator and other professional employees;
(c) "Professional educator" is synonymous with and has the
same meaning as "teacher" as defined in section one, article one,
chapter eighteen of this code. Professional educators shall be
classified as:
(1) "Classroom teacher". -- Themeans a professional educator
who has direct instructional or counseling relationship with
pupils, spending the majority of his or her time in this capacity;
(2) "Principal". -- Themeans a professional educator who, as
agent of the county board, has responsibility for the supervision,
management and control of a school or schools within the guidelines
established by saidthe county board. The major area of such the
responsibility shall be the general supervision of all the schools
and all school activities involving pupils, teachers and other
school personnel;
(3) "Supervisor". -- Themeans a professional educator who,
whether by this or other appropriate title, is responsible for
working primarily in the field with professional and other
personnel in instructional and other school improvement; and
(4) "Central office administrator". -- Themeans a
superintendent, associate superintendent, assistant superintendent
and other professional educators, whether by these or other
appropriate titles, who are charged with the administering and supervising of the whole or some assigned part of the total program
of the countywide school system;
(d) "Other professional employee" means that person from
another profession who is properly licensed and is employed to
serve the public schools and includes a registered professional
nurse, licensed by the West Virginia board of examiners for
registered professional nurses and employed by a county board, of
education, who has completed either a two-year (sixty-four semester
hours) or a three-year (ninety-six semester hours) nursing program;
(e) "Service personnel" means those who serve the school or
schools as a whole, in a nonprofessional capacity, including such
areas as secretarial, custodial, maintenance, transportation,
school lunch and as aides;
(f) "Principals academy" or "academy" means the academy
created pursuant to section two-b, article three-a of this chapter;
(g) "Center for professional development" means the center
created pursuant to section one, article three-a of this chapter;
(h) "Job-sharing arrangement" means a formal, written
agreement voluntarily entered into by a county board with two or
more of its professional employees who wish to divide between them
the duties and responsibilities of one authorized full-time
position;
(i) "Prospective employable professional personnel" means
certified professional educators who:
(1) Have been recruited on a reserve list of a county board;
(2) Have been recruited at a job fair or as a result of
contact made at a job fair;
(3) Have not obtained regular employee status through the job
posting process provided for in section seven-a, article four of
this chapter; and
(4) Have obtained a baccalaureate degree from an accredited
institution of higher education within the past year;
(j) "Dangerous student" means a pupil who is substantially
likely to cause serious bodily injury to himself, herself or
another individual within that pupil's educational environment,
which may include any alternative education environment, as
evidenced by a pattern or series of violent behavior exhibited by
the pupil, and documented in writing by the school, with the
documentation provided to the student and parent or guardian at the
time of any offense; and
(k) "Alternative education" means an authorized departure from
the regular school program designed to provide educational and
social development for students whose disruptive behavior places
them at risk of not succeeding in the traditional school structures
and in adult life without positive interventions.
The bill (Eng. Com. Sub. for H. B. No. 2083), as amended, was
then ordered to third reading.
On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey,
Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer,
Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love,
McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso,
Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and
Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
Having been engrossed, the bill (Eng. Com. Sub. for H. B. No.
2083) was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Boley,
Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Plymale, Prezioso, Ross, Rowe, Sharpe,
Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr.
President)--33.
The nays were: Oliverio--1.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 2083) passed.
The following amendment to the title of the bill, from the Committee on Education, was reported by the Clerk and adopted:
On pages one and two, by striking out the title and
substituting therefor a new title, to read as follows:Eng. Com. Sub. for House Bill No. 2083--A Bill to amend and
reenact section thirteen, article five, chapter eighteen of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended; and to amend and reenact section one, article one, chapter
eighteen-a of said code, all relating to county boards of education
generally and expanding job-sharing arrangements to include
employees who are not professional employees; requiring written
agreements for job-sharing arrangements; requiring agreements to
specify which employee is eligible for insurance coverage;
requiring certain issues be considered when entering into a job-
sharing agreement; and limiting cost to retirement system.Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein. Eng. Com. Sub. for House Bill No. 2357, Authorizing the
aeronautics commissioner to expense funds.
On second reading, coming up in regular order, was read a
second time.
The following amendment to the bill, from the Committee on
Finance, was reported by the Clerk and adopted:
On page two, by striking out everything after the enacting
section and inserting in lieu thereof the following:ARTICLE 2A. STATE AERONAUTICS COMMISSION.

§29-2A-3a. Expenses of civil air patrol; commission may expend
funds pursuant to rules.(a) The commission, in addition to all other powers and
functions authorized by law, is hereby authorized and empowered to
may expend state funds: (1) For educational purposes of the civil
air patrol, including, but not limited to, the purchase of civil
air patrol aviation education training aid books, materials and
equipment; (2) to defray maintenance, repair and replacement costs
of civil air patrol aircraft; (3) to purchase and obtain supplies
and equipment for the civil air patrol; and (4) to maintain the
communications network for the civil air patrol.(b) No expenditure of state funds for any suchthese purposes
may be made unless the purchase order is first approved by the
commission in accordance with the commission's rules and
regulations relating theretoto the expenditure. Only funds
specifically appropriated by the Legislature for suchthese
purposes may be so expended by the commission and funds so
appropriated shall be expended for no other purposes.
The bill (Eng. Com. Sub. for H. B. No. 2357), as amended, was
then ordered to third reading.
On motion of Senator Chafin, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey,
Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer,
Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love,
McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso,
Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and
Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
Having been engrossed, the bill (Eng. Com. Sub. for H. B. No.
2357) was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Boley,
Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 2357) passed with its title.Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
At the request of Senator Chafin, and by unanimous consent, the Senate returned to the sixth order of business, which agenda
includes the making of main motions.
On motion of Senator Chafin, the Senate requested the return
from the House of Delegates of Eng. Com. Sub. for House Bill No. 2083, Expanding personnel
covered by job sharing in the school system.
Passed by the Senate in earlier proceedings today,
The bill still being in the possession of the Senate,
On motion of Senator Chafin, the Senate reconsidered the vote
as to the title amendment and passage.
The vote thereon having been reconsidered,
The question again being "Shall Engrossed Committee Substitute
for House Bill No. 2083 pass?"
On the passage of the bill, the yeas were: Boley, Bowman,
Caldwell, Deem, Dempsey, Edgell, Facemyer, Guills, Harrison,
Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minear,
Plymale, Prezioso, Rowe, Smith, Snyder, Sprouse, Unger, Weeks,
White and Tomblin (Mr. President)--27.
The nays were: Bailey, Chafin, Fanning, Minard, Oliverio,
Ross and Sharpe--7.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 2083) passed.
The following amendment to the title of the bill, from the
Committee on Education, was reported by the Clerk and adopted:
On pages one and two, by striking out the title and
substituting therefor a new title, to read as follows:Eng. Com. Sub. for House Bill No. 2083--A Bill to amend and
reenact section thirteen, article five, chapter eighteen of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended; and to amend and reenact section one, article one, chapter
eighteen-a of said code, all relating to county boards of education
generally and expanding job-sharing arrangements to include
employees who are not professional employees; requiring written
agreements for job-sharing arrangements; requiring agreements to
specify which employee is eligible for insurance coverage;
requiring certain issues be considered when entering into a job-
sharing agreement; and limiting cost to retirement system.Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
The Senate again proceeded to the ninth order of business. Eng. House Bill No. 2514, Authorizing the board of banking and
financial institutions to prohibit individuals removed from one
financial institution from participating in the affairs of other
financial institutions.
On second reading, coming up in regular order, was read a
second time and ordered to third reading. Eng. House Bill No. 2528, Establishing a flood prevention task
force by law.
On second reading, coming up in regular order, was read a
second time.
The following amendment to the bill, from the Committee on
Finance, was reported by the Clerk and adopted:
On page two, by striking out everything after the enacting
section and inserting in lieu thereof the following:ARTICLE 21A. CONSERVATION DISTRICTS.

§19-21A-15. West Virginia flood protection task force;
continuation.

(a) The West Virginia flood protection task force is created.
The task force is a governmental instrumentality of the state. The
exercise by the task force of the powers conferred by, and the
carrying out of its purpose and duties of, this section are
essential governmental functions for a public purpose.
(b) The task force shall consist of thirteen members as
follows:
(1) The director of the state conservation agency, or his or
her designee from within the agency, who shall chair the task
force;
(2) The director of the state office of emergency services, or
his or her designee from within the agency, who shall serve as vice
chair of the task force;
(3) The secretary of the department of environmental
protection, or his or her designee from within the agency;
(4) The commissioner of the division of highways, or his or
her designee from within the agency;
(5) The director of the division of natural resources, or his
or her designee from within the agency;
(6) The director of the division of forestry, or his or her
designee from within the agency;
(7) The director of the housing development fund, or his or
her designee from within the agency;
(8) One county commissioner who shall be appointed by the
governor from a list of three names submitted by the county
commissioners association of West Virginia;
(9) One member representing municipalities who shall be
appointed by the governor from a list of three names submitted by
the municipal league;
(10) One member representing forestors who shall be appointed
by the governor from a list of three names submitted by the
executive director of the forestry association; and
(11) Three citizen members who shall be appointed by the
governor, one of whom shall be an engineer.
(c) No more than three of the members, appointed by the
governor to the task force, may be from the same congressional
district. The members first appointed shall serve staggered terms as follows: The first citizen member appointed shall be appointed
for a term of one year; the second citizen member appointed shall
be appointed for a term of two years; the third citizen member
appointed shall be appointed for a term of three years; the first
member representing forestors shall serve a term of one year; the
first member representing municipal governments shall serve a term
of two years; the first member representing county governments
shall serve a term of three years. Thereafter, the appointed
members shall serve a term of three years. An appointed member may
be reappointed for one additional term.
(d) There shall also be appointed a panel of advisory members
to the task force. The advisory members shall include:
(1) Two members of the West Virginia Senate, appointed by the
president of the Senate;
(2) Two members of the West Virginia House of Delegates,
appointed by the speaker of the House of Delegates;
(3) The director of the division of labor, or his or her
designee from within the agency;
(4) The director of the West Virginia university cooperative
extension service, or his or her designee from within the agency;
(5) The director of the GIS technical center, or his or her
designee from within the agency;
(6) The director of the board of examiners of land surveyors,
or his or her designee from within the agency; and
(7) The director of the geological and economic survey, or his
or her designee from within the agency.
(e) No more than three members of the Legislature appointed by
the governor as advisory members may be from the same political
party. All advisory members are ex officio, nonvoting members of
the task force.
(f) The chair of the task force shall designate a secretary
who need not be a member of the task force and who shall keep
records of its proceedings.
(g) A majority of the task force members shall constitute a
quorum and the affirmative vote of at least the majority of those
members present is necessary for any action taken by vote of the
task force. A vacancy in the membership of the task force will not
affect an action taken if there is a quorum of members present and
voting on the issue.
(h) No member of the task force shall receive any compensation
for serving as a member.
(i) The task force shall meet at least quarterly or on the
call of the chair.
(j) The duties of the task force are to:
(1) Make recommendations to the state office of emergency
services for the coordination of federal, state and local
governmental response to flooding;
(2) Review the status of flood mapping;
(3) Examine and improve flood prevention initiatives;
(4) Request federal funding assistance; and
(5) Carry out other related responsibilities.
(k) The state conservation agency shall provide office space
for the task force. Each governmental agency represented on the
task force shall provide staff support for the task force in the
manner determined by the task force.
(l) The task force shall keep minutes of its meetings and
shall invite one or more representatives of the United States
federal emergency management agency, the United States army corps
of engineers and any other individual or organization necessary to
effectuate the purposes of this article, to all of its meetings.
(m) The West Virginia flood protection task force shall
terminate on the first day of July, two thousand five, pursuant to
the provisions of article ten, chapter four of this code.
The bill (Eng. H. B. No. 2528), as amended, was then ordered
to third reading.
On motion of Senator Chafin, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey,
Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer,
Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love,
McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and
Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
Having been engrossed, the bill (Eng. H. B. No. 2528) was then
read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Boley,
Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Unger, Weeks, White and Tomblin (Mr.
President)--33.
The nays were: Sprouse--1.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 2528) passed.
The following amendment to the title of the bill, from the
Committee on Finance, was reported by the Clerk and adopted:
On page one, by striking out the title and substituting
therefor a new title, to read as follows:Eng. House Bill No. 2528--A Bill to amend article twenty-one-
a, chapter nineteen of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, by adding thereto a new section, designated section fifteen, relating generally to the creation of
a thirteen-member flood prevention task force; designating members;
appointment of certain members by the governor; advisory members;
secretary; meetings; duties of task force; office space and staff
support; and termination of task force.Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein. Eng. House Bill No. 2669, Hazardous waste management.
On second reading, coming up in regular order, was read a
second time and ordered to third reading. Eng. Com. Sub. for House Bill No. 2733, Increasing funds in
the special revenue accounts for the criminal investigation
division and the special audits division.
On second reading, coming up in regular order, was read a
second time.
The following amendments to the bill, from the Committee on
Finance, were reported by the Clerk, considered simultaneously, and
adopted:
On page three, section two-a, line twenty-five, by striking
out the word "such";
On page three, section two-a, line thirty, by striking out the
word "such";
On page four, section two-a, line fifty-one, by striking out
the word "Such" and inserting in lieu thereof the word "The";
On page five, section two-a, line sixty-one, by striking out
the word "so";
And,
On page five, section two-a, line sixty-seven, by striking out
the word "such".
The bill (Eng. Com. Sub. for H. B. No. 2733), as amended, was
then ordered to third reading.
On motion of Senator Chafin, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey,
Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer,
Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love,
McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso,
Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and
Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
Having been engrossed, the bill (Eng. Com. Sub. for H. B. No.
2733) was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Boley,
Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 2733) passed with its title.
Senator Chafin moved that the bill take effect July 1, 2003.
On this question, the yeas were: Bailey, Boley, Bowman,
Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills,
Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--34.
The nays were: None.
Absent: None.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 2733) takes effect July 1, 2003.Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein. Eng. Com. Sub. for House Bill No. 2768, Enacting a
standardized false alarm ordinance.
On second reading, coming up in regular order, was read a second time.
The following amendment to the bill, from the Committee on the
Judiciary, was reported by the Clerk and adopted:
On page two, by striking out everything after the enacting
section and inserting in lieu thereof the following:ARTICLE 1. COUNTY COMMISSIONS GENERALLY.
§7-1-3mm.Authority to adopt ordinance relating to false alarms.
(a) In addition to all other powers and duties they now
possess, county commissions may enact ordinances, establish a
system of administration and enforcement, assess fees and
penalties, issue orders and take other necessary and appropriate
actions for the reduction and elimination of false alarms.
(b) The fire alarm ordinance enacted by a county shall be the
"West Virginia alarm ordinance governing alarms responded to by
West Virginia public safety agencies", developed by the joint
committee of the enhanced 911 council and the West Virginia burglar
and fire alarm association, based on the national burglar and fire
alarm association/fire alarm reduction association model ordinance.
County alarm advisory boards may modify the ordinance provided
there are specific needs or circumstances in a county that are not
addressed by the existing ordinance.
(c) The county commission shall appoint an alarm administrator
to administer the false alarm ordinance. In counties that have an
enhanced 911 system, the E-911 director shall be the administrator. In counties without an enhanced 911 system, the alarm administrator
shall be knowledgeable and qualified in the areas of alarm systems
and false alarm reduction efforts.
(d) The false alarm ordinance shall provide for the
appointment of a false alarm advisory board, which shall consist of
the alarm administrator, the county sheriff or other law-
enforcement officer, a fire chief from a county fire department or
his or her designee, a representative from the alarm industry, and
a member at large selected by the county commission to serve a two-
year term. The advisory board shall review, assist and make
recommendations concerning false alarm reduction efforts and report
to the county commission.
The bill (Eng. Com. Sub. for H. B. No. 2768), as amended, was
then ordered to third reading.
On motion of Senator Chafin, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey,
Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer,
Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love,
McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso,
Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and
Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
Having been engrossed, the bill (Eng. Com. Sub. for H. B. No.
2768) was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Boley,
Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 2768) passed.
The following amendment to the title of the bill, from the
Committee on the Judiciary, was reported by the Clerk and adopted:
On page one, by striking out the title and substituting
therefor a new title, to read as follows:Eng. Com. Sub. for House Bill No. 2768--A Bill to amend
article one, chapter seven of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, by adding thereto a
new section, designated section three-mm, relating to authorizing
county commissions to enact standardized false alarm ordinances;
specifying ordinance to be enacted; authorizing establishment of a system of administration and enforcement; providing for the
assessment of fees and penalties; providing for the issuance of
orders; and providing for the appointment of an administrator and
an advisory board.Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein. Eng. Com. Sub. for House Bill No. 2902, Relating to
confidentiality and disclosure of information set forth in oil and
gas combined reporting form.
On second reading, coming up in regular order, was read a
second time and ordered to third reading. Eng. House Bill No. 3037, Mandating that an apprentice fireman
be terminated from employment following three unsuccessful attempts
at passing an apprentice examination.
On second reading, coming up in regular order, was read a
second time and ordered to third reading. Eng. House Bill No. 3045, Implementing the Master Tobacco
Settlement Agreement.
On second reading, coming up in regular order, was read a
second time and ordered to third reading. Eng. Com. Sub. for House Bill No. 3046, Facilitating
compliance with and enforcement of provisions of the Tobacco Master
Settlement Agreement.
On second reading, coming up in regular order, was read a second time.
The following amendment to the bill, from the Committee on
Finance, was reported by the Clerk and adopted:
On page two, by striking out everything after the enacting
section and inserting in lieu thereof the following:

§16-9D-1. Findings and purpose.
The Legislature finds that violations of article nine-b of
this chapter threaten the integrity of the tobacco master
settlement agreement, the fiscal soundness of the state and the
public health. The Legislature finds that enacting procedural
enhancements will help prevent violations and aid enforcement of
said article and thereby safeguard the master settlement agreement,
the fiscal soundness of the state and the public health.§16-9D-2. Definitions.
(a) "Brand family" means all styles of cigarettes sold under
the same trade mark and differentiated from one another by means of
additional modifiers or descriptors, including, but not limited to,
"menthol", "lights", "kings" and "100s" and includes any brand name
(alone or in conjunction with any other word), trademark, logo,
symbol, motto, selling message, recognizable pattern of colors or
any other indicia of product identification identical or similar
to, or identifiable with, a previously known brand of cigarettes.
(b) "Cigarette" has the same meaning as in section two,
article nine-b of this chapter.
(c) "Commissioner" means the duly appointed head of the agency
responsible for collection of the excise tax on cigarettes.
(d) "Distributor" means a person, wherever resident or
located, who purchases nontax-paid cigarettes and stores, sells or
otherwise disposes of the cigarettes.
(e) "Master tobacco settlement agreement" has the same meaning
as that term is defined in section two, article nine-b of this
chapter.
(f) "Nonparticipating manufacturer" means any tobacco product
manufacturer that is not a participating manufacturer.
(g) "Participating manufacturer" has the meaning given that
term in section II(jj) of the master settlement agreement and all
amendments to the master settlement.
(h) "Qualified escrow fund" has the same meaning as that term
is defined in section two, article nine-b of this chapter.
(i) "Stamping agent" includes any distributor or other person
that is authorized to affix tax stamps to packages or other
containers of cigarettes under article seventeen, chapter eleven of
this code or any person that is required to pay the excise tax
imposed on cigarettes pursuant to said article.
(j) "Tobacco product manufacturer" has the same meaning as
that term is defined in section two, article nine-b of this chapter.
(k) "Units sold" has the same meaning as that term is defined
in section two, article nine-b of this chapter.§16-9D-3. Certifications; directory; tax stamps.
(a) Certification. -- Every tobacco product manufacturer whose
cigarettes are sold in this state, whether directly or through a
distributor, retailer or similar intermediary or intermediaries,
shall execute and deliver in the manner prescribed by the
commissioner a certification to the commissioner and the attorney
general, no later than the thirtieth day of April each year,
certifying under penalty of perjury that, as of the date of the
certification, the tobacco product manufacturer either is a
participating manufacturer or is in full compliance with article
nine-b of this chapter, including payment of all quarterly
installment payments required by section six of this article.
(1) A participating manufacturer shall include in its
certification a list of its brand families. The participating
manufacturer shall update the list thirty calendar days prior to
any addition to or modification of its brand families by executing
and delivering a supplemental certification to the commissioner and
the attorney general.
(2) A nonparticipating manufacturer shall include in its
certification:
(A) A list of all of its brand families and the number of units sold for each brand family that were sold in this state
during the preceding calendar year;
(B) A list of all of its brand families that have been sold in
this state at any time during the current calendar year,
indicating, by an asterisk, any brand family sold in this state
during the preceding calendar year that is no longer being sold in
this state as of the date of the certification; and
(D) Identification, by name and address, of any other
manufacturer of the brand families in the preceding calendar year.
The nonparticipating manufacturer shall update the list thirty
calendar days prior to any addition to or modification of its brand
families by executing and delivering a supplemental certification
to the commissioner and the attorney general.
(3) In the case of a nonparticipating manufacturer, the
certification shall further certify:
(A) That the nonparticipating manufacturer is registered to do
business in this state or has appointed a resident agent for
service of process and provided notice thereof as required by
section four of this article;
(B) That the nonparticipating manufacturer has: (i)
Established and continues to maintain a qualified escrow fund; and
(ii) has executed a qualified escrow agreement that has been
reviewed and approved by the attorney general and that governs the
qualified escrow fund;
(C) That the nonparticipating manufacturer is in full
compliance with article nine-b of this chapter and this article,
and any rules promulgated pursuant to either article; and
(D) The name, address and telephone number of the financial
institution where the nonparticipating manufacturer has established
the qualified escrow fund required by article nine-b of this
chapter and all rules promulgated thereto and:
(i) The account number of the qualified escrow fund and
subaccount number for the state of West Virginia;
(ii) The amount the nonparticipating manufacturer placed in
escrow fund for cigarettes sold in this state during the preceding
calendar year, the date and amount of each deposit and any evidence
or verification considered necessary by the attorney general to
confirm the information certified under this paragraph; and
(iii) The amount and date of any withdrawal or transfer of
funds the nonparticipating manufacturer made at any time from the
qualified escrow fund or from any other qualified escrow fund into
which it ever made escrow payments pursuant to article nine-b of
this chapter and all rules promulgated thereto.
(4) A tobacco product manufacturer may not include a brand
family in its certification unless:
(A) In the case of a participating manufacturer, the
participating manufacturer affirms that the brand family is to be
considered to be its cigarettes for purposes of calculating its payments under the master settlement agreement for the relevant
year, in the volume and shares determined pursuant to the master
settlement agreement; and
(B) In the case of a nonparticipating manufacturer, the
nonparticipating manufacturer affirms that the brand family is to
be considered to be its cigarettes for purposes of article nine-b
of this chapter. Nothing in this section shall be construed as
limiting or otherwise affecting this state's right to maintain that
a brand family constitutes cigarettes of a different tobacco
product manufacturer for purposes of calculating payments under the
master settlement agreement or for purposes of article nine-b of
this chapter.
(5) Tobacco product manufacturers shall maintain all invoices
and documentation of sales and any other information relied upon
for the certification for a period of five years, unless otherwise
required by law to maintain them for a greater period of time.
(b) Directory of cigarettes approved for stamping and sale. --
The commissioner shall develop and publish on the tax division's
website a directory listing all tobacco product manufacturers that
have provided current and accurate certifications conforming to the
requirements of subsection (a) of this section and all brand
families that are listed in the certifications, except as provided
in subdivisions (1) and (2) of this subsection.
(1) The commissioner shall not include or retain in the directory the name or brand families of any nonparticipating
manufacturer that has failed to provide the required certification
or whose certification the commissioner or the attorney general
determines is not in compliance with subdivisions (2) and (3),
subsection (a) of this section, unless the commissioner has
determined that the violation has been cured to the satisfaction of
the commissioner and the attorney general.
(2) Neither a tobacco product manufacturer nor brand family
shall be included or retained in the directory if the attorney
general concludes, in the case of a nonparticipating manufacturer,
that:
(A) Any escrow payment required pursuant to article nine-b of
this chapter for any period for any brand family, whether or not
listed by the nonparticipating manufacturer, has not been fully
paid into a qualified escrow fund governed by a qualified escrow
agreement that has been approved by the attorney general of this
state; or
(B) Any outstanding final judgment, including interest on the
judgment, for violations of article nine-b of this chapter has not
been fully satisfied for the brand family and the nonparticipating
manufacturer.
(3) The tax commissioner shall update the directory as
necessary in order to correct mistakes and to add or remove a
tobacco product manufacturer or brand family.
(A) The commissioner may not remove any manufacturer or brand
family from the directory unless the manufacturer and all
distributors and other stamping agents registered under article
twelve, chapter eleven of this code have been given at least seven
days' prior notice of the intended removal by electronic mail or
first-class mail the notices shall be e-mailed or posted to the
addresses provided by the manufacturers, distributors or other
stamping agents for this purpose.
(B) The commissioner shall transmit by email or other
practicable means to each distributor or other stamping agent
registered under article twelve, chapter eleven of this code to
affix West Virginia tax stamps to cigarettes notice of any addition
to or removal from the directory of any tobacco product
manufacturer or brand family.
(C) Failure of a manufacturer, distributor or other stamping
agent to receive notice under paragraph (A) or (B), subdivision
(3), subsection (b) of this section or failure of the state to
provide notice of any addition to or removal from the directory
shall not relieve the distributor or other stamping agent of its
obligations under this article.
(4) Every tobacco product manufacturer selling cigarettes in
this state and every distributor or other stamping agent affixing
West Virginia tax stamps to packages of cigarettes for sale in this
state shall provide and update as necessary an electronic mail address to the commissioner for the purpose of receiving any
notifications required by this article.
(c) Prohibition against stamping or sale of cigarettes not on
the directory. -- It is unlawful for any person:
(1) To affix a stamp to a package or other container of
cigarettes of a tobacco product manufacturer or brand family not
included in the directory; or
(2) To sell, offer or possess for sale in this state,
cigarettes of a tobacco product manufacturer or brand family not
included in the directory, except as follows:
(A) This subsection shall not prohibit a distributor or other
stamping agent from possessing unstamped containers of cigarettes
held in inventory for delivery to, or for sale in, another state;
and
(B) A person purchasing cigarettes for resale shall not be in
violation of this subsection if, at the time the cigarettes were
purchased, the manufacturer and brand families of the cigarettes
are included in the directory maintained by the tax commissioner
and the cigarettes are otherwise lawfully stamped and sold within
thirty days after the date of the notice provided under paragraph
(A), subdivision (3), subsection (b) of this section.

§16-9D-4. Certification of tobacco product manufacturer wanting to
sell product in this state for the first time.

(a) A tobacco product manufacturer whose cigarettes have not previously been sold in this state, whether directly or through a
distributor, retailer or similar intermediary or intermediaries,
shall, at least thirty calendar days before beginning to sell its
cigarettes in this state, make the certification required by
section three of this article. In addition to the information
required by section three, the manufacturer shall include the
following information in its certification:
(1) If the tobacco product manufacturer is a partnership,
limited liability company, corporation, association or other
business entity, the following where applicable:
(A) The names and addresses of every partner, member, officer,
resident agent, director or person performing a function similar to
a director;
(B) The names and addresses of any person owning of record a
ten percent or greater equity interest in the tobacco product
manufacturer; and
(C) A list of all names under which the tobacco manufacturer,
or any partner, member, officer, resident agent, director or person
owning a ten percent or greater equity interest in the tobacco
manufacturer, previously did business as a tobacco product
manufacturer in the United States within the five-year period
preceding the date of submission of the certification; and
(2) A statement of whether the tobacco product manufacturer,
or any partner, member, officer, resident agent, director or person owning a ten percent or greater equity interest in the tobacco
manufacturer, or in any subsidiary, affiliate or persons controlled
by or under common control with the tobacco manufacturer, has ever
been an officer, partner, director or person owning a ten percent
or greater equity interest in a tobacco product manufacturer that
ever defaulted in fully funding the escrow account required by
article nine-b of this chapter in the five-year period prior to the
date of submission of the certification under this section and, if
so, a brief explanation of the facts involved.§16-9D-5. Agent for service of process.
(a) Requirement for agent for service of process. --
(1) Any nonresident or foreign nonparticipating manufacturer
that has not registered to do business in this state as a foreign
corporation or business entity shall, as a condition precedent to
having its brand families included or retained in the directory,
appoint and continually engage without interruption the services of
an agent in this state, or in the United States, to act as agent
for the service of process on whom all process, and any action or
proceeding against it concerning or arising out of the enforcement
of this article and article nine-b of this chapter, may be served
in any manner authorized by law. The service constitutes legal and
valid service of process on the nonparticipating manufacturer. The
nonparticipating manufacturer shall provide the name, address,
phone number and proof of the appointment and availability of the agent to the satisfaction of the commissioner and the attorney
general.
(2) Any nonresident stamping agent authorized to affix stamps
to packages of cigarettes evidencing payment of the tax levied by
article seventeen, chapter eleven of this code on cigarettes to be
sold in this state that has not registered to do business in this
state as a foreign corporation or business entity shall, as a
condition precedent to being authorized to affix West Virginia tax
stamps, appoint and continually engage without interruption the
services of an agent in this state, or in the United States, to act
as agent for the service of process on whom all process, and any
action or proceeding against it concerning or arising out of the
enforcement of this article and article nine-b of this chapter, may
be served in any manner authorized by law. The service constitutes
legal and valid service of process on the nonresident stamping
agent. The nonresident stamping agent shall provide the name,
address, phone number and proof of the appointment and availability
of the agent to the satisfaction of the commissioner and the
attorney general.
(b) The nonparticipating manufacturer or the nonresident
stamping agent shall provide written notice to the commissioner and
the attorney general thirty calendar days prior to termination of
the authority of an agent and shall further provide proof to the
satisfaction of the attorney general of the appointment of a new agent no less than five calendar days prior to the termination of
an existing agent appointment. In the event an agent terminates an
agency appointment, the nonparticipating manufacturer, or
nonresident stamping agent, as the case may be, shall notify the
commissioner and attorney general in writing of the termination
within five calendar days and shall include proof to the
satisfaction of the attorney general of the appointment of a new
agent.
(c) Any nonparticipating manufacturer and any nonresident
stamping agent whose cigarettes are sold in this state, who has not
appointed and engaged an agent as required by this section, shall
be considered to have appointed the secretary of state of West
Virginia as the agent and may be proceeded against in the courts of
this state by service of process upon the secretary of state:
Provided, That the appointment of the secretary of state as the
agent of the manufacturer or the nonresident stamping agent shall
not satisfy the condition precedent for having the brand families
of the nonparticipating manufacturer included or retained in the
directory.§16-9D-6. Reporting of information; escrow installments.
(a) Reporting by distributors and other stamping agents. -
(1) Not later than twenty calendar days after the end of each
calendar quarter, and more frequently if directed by the
commissioner, each distributor or stamping agent shall submit information required by the commissioner to facilitate compliance
with this article, including, but not limited to, a list by brand
family of the total number of cigarettes of nonparticipating
manufacturers, or in the case of roll your own, the equivalent
stick count, for which the distributor or other stamping agent
affixed West Virginia stamps and sold in West Virginia during the
previous calendar quarter or otherwise paid the tax due for the
cigarettes.
(2) The distributor or stamping agent shall maintain, and make
available to the commissioner, all invoices and documentation of
sales of all nonparticipating manufacturer cigarettes sold in West
Virginia and any other information relied upon in reporting to the
commissioner for a period of five years.
(b) Disclosure of information. -- The commissioner may
disclose to the attorney general of this state any information
received under this article and requested by the attorney general
for purposes of determining compliance with and enforcing the
provisions of this article. The commissioner and the attorney
general shall share with each other the information received under
this article, and may share the information with other federal,
state or local agencies only for purposes of enforcement of this
article, article nine-b of this chapter, or corresponding laws of
other states.
(c) Verification of qualified escrow fund. -- The attorney general may require at any time from the nonparticipating
manufacturer proof, from the financial institution in which the
manufacturer has established a qualified escrow fund for the
purpose of compliance with article nine-b of this chapter, of the
amount of money in the fund, exclusive of interest, the amount and
date of each deposit to the qualified escrow fund, and the amount
and date of each withdrawal from the fund.
(d) Requests for additional information. -- In addition to the
information required to be submitted pursuant to this section, the
attorney general may require a stamping agent, distributor or
tobacco product manufacturer to submit any additional information
including, but not limited to, samples of the packaging or labeling
of each brand family that is necessary to enable the attorney
general to determine whether a tobacco product manufacturer is in
compliance with this article.
(e) Quarterly escrow installments. -- To promote compliance
with the provisions of this article, a tobacco product manufacturer
subject to the requirements of subdivision (2), subsection (a),
section three of this article, who, in the opinion of the attorney
general, materially defaults in fully funding its escrow account
timely and then cures the default shall make escrow deposits for
the calendar year during which the default was cured and ensuing
calendar years in quarterly installments during the year in which
the sales covered by such deposits are made. The attorney general may require production of information sufficient to enable the
attorney general to determine the adequacy of the amount of the
installment deposit.§16-9D-7. Electronic filing of quarterly reports.
(a) Electronic filing required. -- After the first day of
September, two thousand three, the quarterly reports required by
section six of this article from distributors and stamping agents
shall be electronically filed with the tax commissioner.
(b) "Filed electronically" defined. -- For purposes of this
section, "filing electronically" means the filing of a report or
other document by any electronic medium acceptable to the tax
commissioner including, but not limited to, the filing of reports
and other documents by electronic data interchange, or by use of
the internet for web-based filing or other technology specified by
the tax commissioner by a procedural rule promulgated as provided
in article three, chapter twenty-nine-a of this code.
(c) Signature requirements. -- The signature requirement for
all reports required to be filed under this article will be met if
the submission is made pursuant to the tax commissioner's
procedural rule.
(d) Standards. -- The tax commissioner shall give due regard
to developing uniform standards for formats as adopted by the
American national standards institute for encryption and filer
authentication to ensure that the report information is kept confidential.§16-9D-8. Penalties and other remedies.
(a) Revocation of business registration certificate and civil
money penalty. -- In addition to or in lieu of any other civil or
criminal remedy provided by law, upon a determination that a
distributor, stamping agent or any other person has violated
subsection (c), section three of this article, or any rule adopted
pursuant thereto, the commissioner may revoke or suspend the
business registration certificate of the distributor, stamping
agent or other person in the manner provided by article twelve,
chapter eleven of this code. Each stamp affixed and each sale or
offer to sell cigarettes in violation of subsection (c), section
three of this article constitutes a separate violation. The
commissioner may also impose a civil penalty in an amount not to
exceed the greater of five hundred percent of the retail value of
the cigarettes or five thousand dollars upon a determination of
violation of subsection (c), section three of this article or any
rules adopted pursuant thereto. The penalty shall be imposed and
collected in the manner that tax is assessed and collected under
article ten, chapter eleven of this code. The amount of penalty
collected shall be deposited in the tobacco control special fund
created in section nine of this article.
(b) Contraband and seizure. -- Any cigarettes that have been
sold, offered for sale or possessed for sale, in this state, in violation of subsection (c), section three of this article, shall
be considered contraband under article seventeen, chapter eleven of
this code and the cigarettes are subject to seizure and forfeiture
as provided in said article, and all cigarettes seized and
forfeited shall be destroyed and not resold: Provided, That this
subsection shall not prohibit a stamping agent or distributor from
possessing unstamped containers of cigarettes held in inventory for
delivery to, or for sale in, another state.
(c) Injunction. -- The attorney general, on behalf of the
commissioner, may seek an injunction to restrain a threatened or
actual violation of subsection (c), section three of this article,
subsection (a), section five of this article or subsection (d) of
said section, by a distributor, stamping agent or other person and
to compel the distributor, stamping agent or other person to comply
with these subsections: Provided, That this subsection shall not
prohibit a stamping agent or distributor from possessing unstamped
containers of cigarettes held in inventory for delivery to, or for
sale in, another state. In any action brought pursuant to this
section, the state is entitled to recover the costs of
investigation, costs of the action and reasonable attorney fees.
(d) Unlawful sale and distribution. -- It is unlawful for a
person to:
(1) Sell or distribute cigarettes; or
(2) Acquire, hold, own, possess, transport, import or cause to be imported cigarettes that the person knows or should know are
intended for distribution or sale in this state in violation of
subsection (c), section three of this article. A violation of this
subsection shall be a misdemeanor punishable as provided in section
nineteen-a, article seventeen, chapter eleven of this code.
(e) Unfair trade practice. -- A person who violates subsection
(c), section three of this article, engages in an unfair and
deceptive trade practice in violation of article six, chapter
forty-six-a of this code.§16-9D-9. Miscellaneous provisions.
(a) Notice and review of determination. -- A determination of
the commissioner or the attorney general to not include or to
remove from the directory a brand family or tobacco product
manufacturer is subject to review in the manner prescribed by
article ten-a, chapter eleven of this code, by filing a petition
for review with the office of tax appeals within thirty days of
receipt of the commissioner's written determination to not include
or to remove the brand family or tobacco product manufacturer from
the directory. A determination not to list in, or to remove from,
the directory any brand family or tobacco product manufacturer
shall not be stayed during the pendency of appeal procedure.
(b) Applicants for business registration certificate. -- No
person shall be issued a business registration certificate under
article twelve, chapter eleven of this code or granted a renewal of its business registration certificate to act as a distributor or
stamping agent unless the person has certified in writing, under
penalty of perjury, that the person will comply fully with this
article.
(c) Promulgation of rules. -- The commissioner and the
attorney general may separately promulgate any procedural,
interpretive and legislative rules in the manner provided in
article three, chapter twenty-nine-a of this code, each considers
necessary to effect the purposes of this article.
(d) Recovery of costs and fees by attorney general. -- In any
action brought by the state to enforce this article, the state is
entitled to recover the costs of investigation, expert witness
fees, costs of the action and reasonable attorney fees.
(e) Disgorgement of profits for violations of this article. --
If a court determines that a person has violated this article, the
court shall order any profits, gain, gross receipts or other
benefit from the violation to be disgorged and paid to the state
treasurer for deposit in the "tobacco control special fund", which
is created in the state treasury. Expenditures from the fund are
to be made in accordance with appropriation by the Legislature and
in accordance with the provisions of article three, chapter twelve
of this code and upon the fulfillment of the provisions set forth
in article two, chapter five-a of this code.
Unless otherwise expressly provided, the remedies or penalties provided by this article are cumulative to each other and to the
remedies or penalties available under all other laws of this state.
(f) Construction and severability. --
(A) If a court of competent jurisdiction finds that the
provisions of this article and of article nine-b of this chapter
conflict and cannot be harmonized, then the provisions of article
nine-b of this chapter control.
(B) If any section, subsection, subdivision, paragraph,
sentence, clause or phrase of this article causes article nine-b of
this chapter to no longer constitute a qualifying or model statute,
as those terms are defined in the master settlement agreement, then
that portion of this article is not valid.
(C) If any section, subsection, subdivision, paragraph,
sentence, clause or phrase of this article is for any reason held
to be invalid, unlawful or unconstitutional, that decision shall
not affect the validity of the remaining portions of this article
or any part thereof.§16-9D-10. Effective date; implementation.
If this act of the Legislature takes effect ninety days from
passage, the first certification by a tobacco product manufacturer
described in subsection (a), section three of this article shall be
due the first day of July, two thousand three, covering the two
thousand two calendar year, and the additional information required
by said section for the current calendar year up to the date of the certification; and the directory described in subsection (b) of
said section is published in the state register by the fifteenth
day of August, two thousand three, and made available on the tax
commissioner's web page by the fifteenth day of October, two
thousand three.
(b) If this act of the Legislature is in effect from passage,
the first certification by a tobacco product manufacturer described
in subsection (a), section three of this article is due the first
day of May, two thousand three, covering the two thousand two
calendar year, and the additional information required by said
section for the current calendar year up to the date of the
certification; and the directory described in subsection (b) of
said section shall be published in the state register by the
fifteenth day of June, two thousand three, and made available on
the tax commissioner's web page by the fifteenth day of August, two
thousand three.
(c) If this act of the Legislature takes effect the first day
of July, two thousand three, the first certification by a tobacco
product manufacturer described in subsection (a), section three of
this article, is due the first day of July, two thousand three,
covering the two thousand two calendar year, and the additional
information required by said section for the current calendar year
up to the date of the certification; and the directory described in
subsection (b) of said section shall be published in the state register by the fifteenth day of August, two thousand three, and
made available on the tax commissioner's web page by the fifteenth
day of October, two thousand three.
The bill (Eng. Com. Sub. for H. B. No. 3046), as amended, was
then ordered to third reading.
On motion of Senator Chafin, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey,
Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer,
Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love,
McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso,
Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and
Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
Having been engrossed, the bill (Eng. Com. Sub. for H. B. No.
3046) was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Boley,
Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 3046) passed with its title.Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein. Eng. Com. Sub. for House Bill No. 3051, Altering the certain
reportable threshold dollar amounts on legislative member financial
disclosure statements and lobbyist reports.
On second reading, coming up in regular order, was read a
second time.
The following amendment to the bill, from the Committee on the
Judiciary, was reported by the Clerk and adopted:
On page one, by striking out everything after the enacting
clause and inserting in lieu thereof the following:
That sections seven and ten, article two, chapter six-b of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted; and that section four, article
three of said chapter be amended and reenacted, all to read as
follows:

ARTICLE 2. WEST VIRGINIA ETHICS COMMISSION; POWERS AND DUTIES;
DISCLOSURE OF FINANCIAL INTEREST BY PUBLIC OFFICIALS AND
EMPLOYEES; APPEARANCES BEFORE PUBLIC AGENCIES.

§6B-2-7. Financial disclosure statement; contents. The financial disclosure statement required under this article
shall contain the following information:
(1) The name, residential and business addresses of the person
filing the statement and all names under which the person does
business.
(2) The name and address of each employer of the person.
(3) The identification, by category, of every source of income
over five thousand dollars received during the preceding calendar
year, in his or her own name or by any other person for his or her
use or benefit, by the person filing the statement, and a brief
description of the nature of the services for which the income was
received. This subdivision does not require a person filing the
statement who derives income from a business, profession or
occupation to disclose the individual sources and items of income
that constitute the gross income of that business, profession or
occupation, nor does this subdivision require a person filing the
statement to report the source or amount of income derived by his
or her spouse.
(4) If the person profited or benefited in the year prior to
the date of filing from a contract for the sale of goods or
services to a state, county, municipal or other local governmental
agency either directly or through a partnership, corporation or
association in which such person owned or controlled more than ten percent, the person shall describe the nature of the goods or
services and identify the governmental agencies which purchased the
goods or services.
(5) Each interest group or category listed below doing
business in this state with which the person filing the statement
did business or furnished services and from which the person
received more than twenty percent of the person's gross income
during the preceding calendar year. The groups or categories are
electric utilities, gas utilities, telephone utilities, water
utilities, cable television companies, interstate transportation
companies, intrastate transportation companies, oil or gas retail
companies, banks, savings and loan associations, loan or finance
companies, manufacturing companies, surface mining companies, deep
mining companies, mining equipment companies, chemical companies,
insurance companies, retail companies, beer, wine or liquor
companies or distributors, recreation-related companies, timbering
companies, hospitals or other health care providers, trade
associations, professional associations, associations of public
employees or public officials, counties, cities or towns, labor
organizations, waste disposal companies, wholesale companies,
groups or associations seeking to legalize gambling, advertising
companies, media companies, race tracks and promotional companies.
(6) The names of all persons, excluding that person's
immediate family, parents or grandparents residing or transacting business in the state to whom the person filing the statement owes,
on the date of execution of this statement in the aggregate in his
or her own name or in the name of any other person more than twelve
thousand five hundred dollars: Provided, That nothing herein shall
require the disclosure of a mortgage on the person's primary and
secondary residences or of automobile loans on automobiles
maintained for the use of the person's immediate family, or of a
student loan, nor shall this section require the disclosure of
debts which result from the ordinary conduct of such person's
business, profession or occupation or of debts of the person filing
the statement to any financial institution, credit card company or
business, in which the person has an ownership interest: Provided,
however, That the previous proviso shall not exclude from
disclosure loans obtained pursuant to the linked deposit program
provided for in article one-a, chapter twelve of this code or any
other loan or debt incurred which requires approval of the state or
any of its political subdivisions.
(7) The names of all persons except immediate family members,
parents and grandparents residing or transacting business in the
state (other than a demand or savings account in a bank, savings
and loan association, credit union or building and loan association
or other similar depository) who owes on the date of execution of
this statement, more, in the aggregate, than twelve thousand five
hundred dollars to the person filing the statement, either in his or her own name or to any other person for his or her use or
benefit. This subdivision does not require the disclosure of debts
owed to the person filing the statement which debts result from the
ordinary conduct of such person's business, profession or
occupation or of loans made by the person filing the statement to
any business in which the person has an ownership interest.
(8) The source of each gift having a value of over one hundred
fifty dollars, received from a person having a direct and immediate
interest in a governmental activity over which the person filing
the statement has control, shall be reported by the person filing
the statement when such gift is given to said person in his or her
name or for his or her use or benefit during the preceding calendar
year: Provided, That gifts received by will or by virtue of the
laws of descent and distribution, or received from one's spouse,
child, grandchild, parents or grandparents, or received by way of
distribution from an inter vivos or testamentary trust established
by the spouse or child, grandchild or by an ancestor of the person
filing the statement are not required to be reported. As used in
this subdivision, any series or plurality of gifts which exceeds in
the aggregate the sum of one hundredfifty dollars from the same
source or donor, either directly or indirectly, and in the same
calendar year, shall be regarded as a single gift in excess of that
aggregate amount.§6B-2-10. Violations and penalties.
(a) If any person violates the provisions of subsection (e),
(f) or (g), section five of this article, or violates the
provisions of subdivision (1), subsection (e), section four of this
article, such person, upon conviction thereof, shall be guilty of
a misdemeanor and shall be punished by confinement in the county
jail for a period not to exceed six months or shall be fined not
more than one thousand dollars, or both such confinement and fine.
If any person violating the provisions of subdivision (1),
subsection (e), section four of this article shall be a member of
the commission or an employee thereof, he or she shall, upon
conviction, be subject to immediate removal or discharge.
(b) If any person violates the provisions of subsection (f),
section six of this article by willfully and knowingly filing a
false financial statement, such person shall, upon conviction
thereof, be deemed guilty of false swearing and shall be punished
as provided in section three, article five, chapter sixty-one of
this code.
(c) If any person knowingly fails or refuses to file a
financial statement required by section six of this article, such
person, upon conviction thereof, shall be guilty of a misdemeanor,
and shall be fined not less than one hundred dollars nor more than
one thousand dollars.
(d) If any complainant violates the provisions of subdivision
(2), subsection (f)(e), section four, article two of this chapter by knowingly and willfully disclosing any information made
confidential by an order of the commission, he or she shall be
subject to administrative sanction by the commission as provided
for in subsection (r)(q), section four of this article.

ARTICLE 3. LOBBYISTS.

§6B-3-4. Reporting by lobbyists.
(a) A lobbyist shall file with the commission reports of his
or her lobbying activities, signed by the lobbyist. The reports
shall be filed as follows:
(1) On or before the Monday preceding the second Wednesday in
January of each year, a lobbyist shall file an annual report of all
lobbying activities which he or she engaged in during the preceding
calendar year; and
(2) If a lobbyist engages in lobbying with respect to
legislation, then:
(A) Between the fortieth and forty-fifth days of any regular
session of the Legislature in which any lobbying occurred, the
lobbyist shall file a report describing all of his or her lobbying
activities which occurred since the beginning of the calendar year;
and
(B) Within twenty-one days after the adjournment sine die of
any regular or extraordinary session of the Legislature in which
any lobbying occurred, the lobbyist shall file a report describing
all of his or her lobbying activities which occurred since the beginning of the calendar year or since the filing of the last
report required by this section, whichever is later.
(b) (1) Except as otherwise provided in this section, each
report filed by a lobbyist shall show the total amount of all
expenditures for lobbying made or incurred by the lobbyist, or on
behalf of the lobbyist by the lobbyist's employer, during the
period covered by the report. The report shall also show subtotals
segregated according to financial category, including meals and
beverages, living accommodations, advertising, travel,
contributions, gifts to public officials or employees or to members
of the immediate family of a public official or employee, and other
expenses or services.
(2) Lobbyists are not required to report the following:
(A) Unreimbursed personal living and travel expenses not
incurred directly for lobbying;
(B) Any expenses incurred for his or her own living
accommodations;
(C) Any expenses incurred for his or her own travel to and
from public meetings or hearings of the legislative and executive
branches;
(D) Any expenses incurred for telephone, and any office
expenses, including rent and salaries and wages paid for staff and
secretarial assistance; and
(E) Separate expenditures to or on behalf of a public official or employee in an amount of less than five dollars.
(c) If a lobbyist is employed by more than one employer, the
report shall show the proportionate amount of the expenditures in
each category incurred on behalf of each of his or her employers.
(d) The report shall describe the subject matter of the
lobbying activities in which the lobbyist has been engaged during
the reporting period.
(e) If, during the period covered by the report, the lobbyist
made expenditures in the reporting categories of meals and
beverages, living accommodations, travel, gifts or other
expenditures, other than for those expenditures governed by
subsection (f) of this section, which expenditures in any reporting
category and not reported on a prior report total more than
twenty-fivefifty dollars to or on behalf of any particular public
official or employee, the lobbyist shall report the name of the
public official or employee to whom or on whose behalf the
expenditures were made, the total amount of the expenditures and
the subject matter of the lobbying activity, if any. Under this
subsection, no portion of the amount of an expenditure for a
dinner, party or other function sponsored by a lobbyist or a
lobbyist's employer need be attributed to or counted toward the
reporting amount of twenty-fivefifty dollars for a particular
public official or employee who attends the function if the sponsor
has invited to the function all the members of: (1) The Legislature; (2) either house of the Legislature; (3) a standing or
select committee of either house; or (4) a joint committee of the
two houses of the Legislature. However, the amount spent for the
function shall be added to other expenditures for the purpose of
determining the total amount of expenditures reported under
subsection (b) of this section.
(f) If, during the period covered by the report, the lobbyist
made expenditures in the reporting categories of meals and
beverages, lodging, travel, gifts and scheduled entertainment,
which reporting expenditures in any reporting category total more
than twenty-fivefifty dollars for or on behalf of a particular
public official or public employee in return for the participation
of the public official or employee in a panel or speaking
engagement at the meeting, the lobbyist shall report the name of
the public official or employee to whom or on whose behalf the
expenditures were made and the total amount of the expenditures.
The bill (Eng. Com. Sub. for H. B. No. 3051), as amended, was
then ordered to third reading.
Senator Chafin moved that the constitutional rule requiring a
bill to be read on three separate days be suspended.
The roll being taken, the yeas were: Bailey, Bowman,
Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Helmick, Jenkins, Kessler, McCabe, McKenzie, Minard, Minear,
Plymale, Prezioso, Ross, Sharpe, Smith, Snyder, Unger and Tomblin (Mr. President)--24.
The nays were: Boley, Guills, Harrison, Hunter, Love,
Oliverio, Rowe, Sprouse, Weeks and White--10.
Absent: None.
So, less than four fifths of the members present and voting
having voted in the affirmative, the President declared the motion
to suspend the constitutional rule rejected. Eng. Com. Sub. for House Bill No. 3068, Empowering public
service districts to enter into agreements for engineering, design
or feasibility studies, without the prior approval of the public
service commission.
On second reading, coming up in regular order, was read a
second time and ordered to third reading. Eng. House Bill No. 3108, Making all business entity filing
requirements consistent with the corporation requirements under the
new corporation laws.
On second reading, coming up in regular order, was read a
second time and ordered to third reading.
The Senate proceeded to the tenth order of business.Eng. House Bill No. 2961, Limiting idling of school bus
engines for more than five minutes except for certain reasons.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
At the request of Senator Chafin, and by unanimous consent, the Senate returned to the fourth order of business.
Senator Rowe, from the Joint Committee on Enrolled Bills,
submitted the following report, which was received:
Your Joint Committee on Enrolled Bills has examined, found
truly enrolled, and on the 6th day of March, 2003, presented to His
Excellency, the Governor, for his action, the following bills,
signed by the President of the Senate and the Speaker of the House
of Delegates:(S. B. No. 205), Modifying criminal intent for animal cruelty
crimes; fines.
And, (S. B. No. 447), Allowing reciprocal agreements with Ohio
regarding hunting and fishing.
Respectfully submitted,
Larry L. Rowe,Chair, Senate Committee.
Sharon Spencer,Chair, House Committee.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration Senate Bill No. 75, Budget bill.
And reports back a committee substitute for same with the
following title:Com. Sub. for Senate Bill No. 75 (originating in the Committee
on Finance)--A Bill making appropriations of public money out of
the treasury in accordance with section fifty-one, article VI of
the constitution.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Walt Helmick,Chair. At the request of Senator Helmick, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 75) contained in the
preceding report from the Committee on Finance was taken up for
immediate consideration, read a first time and ordered to second
reading.
Senator Tomblin (Mr. President), from the Committee on Rules,
submitted the following report, which was received:
Your Committee on Rules has had under consideration:Senate Concurrent Resolution No. 3, Requesting Joint Committee
on Government and Finance study need for creating forensic science
task force.Senate Concurrent Resolution No. 41, Requesting Joint
Committee on Government and Finance study converting teachers'
retirement system to defined benefit retirement system.House Concurrent Resolution No. 10, Requesting a study on the
advisability of seeking to improve the West Virginia Department of Transportation Employee Handbook.
And,House Concurrent Resolution No. 54, Requesting a study on
economically feasible methods to provide access to library services
for the large number of West Virginia citizens living in remote
areas.
And reports the same back with the recommendation that they
each be adopted.
Respectfully submitted,
Earl Ray Tomblin,Chairman ex officio.
Senator Prezioso, from the Committee on Health and Human
Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under
considerationSenate Concurrent Resolution No. 56 (originating in the
Committee on Health and Human Resources)--Requesting the Joint
Committee on Government and Finance study the adequacy of current
law in protecting the health and safety of West Virginia's
secondary and post-secondary student athletes participating in
athletic programs, the utilization of athletic trainers and other
professionals and para-professionals in connection with sports
programs in West Virginia and otherwise protecting the public
interest.
Whereas, The Legislature is charged with protecting the public
interest, promoting student health and safety and safeguarding
professional practices; and
Whereas, The state has an interest in the control, supervision
and regulation of middle and junior high school, secondary and
post-secondary school athletic events, as well as in regulating and
monitoring the practice of professions through licensing boards
which are responsible for ensuring the certification of those
professionals practicing in the profession being regulated; and
Whereas, There is increasing awareness that student athletes
in competitive individual and team sports in which participation
may result in injury are at a greater risk of serious injury or
death when athletic trainers and other professionals and para-
professionals are not present at practices and games; and
Whereas, It is the desire of the Legislature to determine the
specific risks to, and the needs of, West Virginia's student
athletes and the appropriate use and qualifications for athletic
trainers and other professionals and para-professionals to minimize
risk and address those needs; therefore, be itResolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study the adequacy of current law in protecting the
health and safety of West Virginia's secondary and post-secondary
student athletes participating in athletic programs, the utilization of athletic trainers and other professionals and para-
professionals in connection with sports programs in West Virginia
and otherwise protecting the public interest; and, be itFurther Resolved, That the Joint Committee on Government and
Finance is also requested to study and evaluate: The current risks
to our participating student athletes; the experience of our public
schools, colleges and universities in managing these risks and
protecting student health and safety; current best practices with
respect to utilizing athletic trainers and other professionals and
para-professionals at practices and athletic events; the
desirability of promulgating training and certification standards
for athletic trainers and other professionals and para-
professionals; and such other related issues as may arise in the
course of this study; and, be itFurther Resolved, That the Joint Committee on Government and
Finance report to the regular session of the Legislature, 2004, on
its findings, conclusions and recommendations, together with drafts
of any legislation necessary to effectuate its recommendations;
and, be itFurther Resolved, That the expenses necessary to conduct this
study, to prepare a report and to draft necessary legislation be
paid from legislative appropriations to the Joint Committee on
Government and Finance. And reports the same back with the recommendation that it be adopted.
Respectfully submitted,
Roman W. Prezioso, Jr.,Chair. Senator Prezioso, from the Committee on Health and Human
Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under
considerationSenate Concurrent Resolution No. 57 (originating in the
Committee on Health and Human Resources)--Requesting the Joint
Committee on Government and Finance study state efforts to prepare
for and respond to emergencies, acts of terrorism, bioterrorism and
threats to the health, safety and well-being of West Virginia
citizens.
Whereas, The nation is on heightened security alert status in
the wake of terrorist attacks and security emergencies at home and
abroad; and
Whereas, The safety, health and well-being of West Virginia
citizens is a priority of the state; and
Whereas, West Virginia citizens have been deployed abroad in
support of national security interests; and
Whereas, The Senate Health Subcommittee on Bioterrorism/
Homeland Security has received requests to present information
during the interim sessions from public and private agencies and other entities concerned with homeland security and emergency
preparedness and response; and
Whereas, The Legislature desires information to facilitate
informed decisions about preparedness and response against the
threat of emergencies, terrorist and bioterrorist attacks against
the citizens of West Virginia; therefore, be it Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance study state
efforts to prepare for and respond to emergencies, acts of
terrorism, bioterrorism and threats to the health, safety and well-
being of West Virginia citizens; and, be it Further Resolved, That the Joint Committee on Government and
Finance report to the regular session of the Legislature, 2004, on
its findings, conclusions and recommendations, together with drafts
of any legislation necessary to effectuate its recommendations;
and, be it Further Resolved, That the expenses necessary to conduct this
study, to prepare a report and to draft necessary legislation be
paid from legislative appropriations to the Joint Committee on
Government and Finance. And reports the same back with the recommendation that it be
adopted.
Respectfully submitted,
Roman W. Prezioso, Jr.,Chair.
Senator Plymale, from the Committee on Education, submitted
the following report, which was received:
Your Committee on Education has had under considerationSenate Concurrent Resolution No. 58 (originating in the
Committee on Education)--Requesting the Joint Committee on
Government and Finance study the office of county superintendent of
schools with regard to the powers and duties of the superintendent,
compensation and benefits, and administration and management of the
county school system.
Whereas, Statistics from 2000, the most recent year for which
data is available, show that approximately 75 percent of the county
superintendents in the state will be eligible to retire by two
thousand five; and
Whereas, Several factors significantly affect the ability of
a county to attract the most capable, highly motivated and well-
qualified persons to serve as superintendents, including salary and
benefits commensurate with the responsibilities of the position and
the presence on the county board of education of members who are
more effective and well-trained; and
Whereas, County boards, educators and the citizens of the
state will benefit from an investigation of various factors
relating to the recruitment of county superintendents and
determination of the proper remuneration and benefits for such persons, including varied innovations in compensation strategies,
some of which focus on heightening degrees of accountability; and
Whereas, Recruitment is made more difficult by the lack of
significant pay differentials between the position of county
superintendent and the positions of other professional
administrative personnel in the county school system despite the
fact that the position of superintendent is one of heightened
demands, including accountability to a county board of education,
various constituencies and the general public; and
Whereas, It may create efficiencies and cost savings to allow
one individual to hold the position of county superintendent in
more than one county; and
Whereas, Reliable data on all these issues, coupled with
investigation of factors that affect development of an effective
county board central office management team, will prove immensely
valuable in planning strategies to enhance the efficiency and
effectiveness of county superintendents in West Virginia;
therefore, be itResolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study the office of county superintendent of schools
with regard to the powers and duties of the superintendent,
compensation and benefits and administration and management of the
county school system; and, be itFurther Resolved, That the Joint Committee on Government and
Finance is requested to review, examine and study the laws,
policies and practices affecting the office of county
superintendent and the operations of the county school system
management team; and, be itFurther Resolved, That relevant factors affecting the issues
proposed for study shall include, but are not limited to:
(1) Projections of the supply and demand for superintendent
candidates in West Virginia;
(2) Investigation of compensation and benefits provided to
county superintendents, especially innovation approaches in these
matters; and
(3) Consideration of matters relating to effective management,
including, but not limited to, seniority and length of contracts
for administrators accountable to the superintendent and his or her
flexibility or discretion in assembling a management team; and, be
itFurther Resolved, That the Joint Committee on Government and
Finance report to the regular session of the Legislature, 2004, on
its findings, conclusions and recommendations, together with drafts
of any legislation necessary to effectuate its recommendations;
and, be itFurther Resolved, That the expenses necessary to conduct this
study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on
Government and Finance.
And reports the same back with the recommendation that it be
adopted.
Respectfully submitted,
Robert H. Plymale,Chair.
Senator Plymale, from the Committee on Education, submitted
the following report, which was received:
Your Committee on Education has had under considerationSenate Concurrent Resolution No. 59 (originating in the
Committee on Education)--Requesting the Legislative Oversight
Commission on Education Accountability study the duties, roles and
operations of the Office of Education Performance Audits.
Whereas, As the constitutional body charged with providing for
a thorough and efficient system of schools, the Legislature created
the Office of Education Performance Audits within the state Board
of Education in Enrolled Committee Substitute for House Bill No.
4306 during the regular session of the Legislature, one thousand
nine hundred ninety-eight; and
Whereas, The Legislature created the Office of Education
Performance Audits to assist the State Board of Education in the
operation of a system of education performance audits to enable the
State Board to determine whether a thorough and efficient education is being provided and to assist the State Board in making
determinations regarding the accreditation status of schools and
the approval status of school systems; and
Whereas, Federal law known as the No Child Left Behind Act,
which was passed by the United States Congress in two thousand two,
outlines more stringent measures of assessment and accountability
for education in West Virginia and other states; and
Whereas, The case of Tomblin, et. al. v. Gainer, et. al. has
declared that the system of education in West Virginia is
constitutional because of the efforts of the Legislature and the
state Board of Education to be more accountable and equitable, due
largely to the creation and implementation of the Office of
Education Performance Audits; and
Whereas, The Legislature finds that as the trend in education
across the United States and West Virginia continues to move away
from an inputs-based model of education to a system that is
comprised of measurable and accountable performance, the roles and
duties of the Office of Education Performance Audits change to meet
the new accountability needs of education in West Virginia;
therefore, be itResolved by the Legislature of West Virginia:
That the Legislative Oversight Commission on Education
Accountability is hereby requested to study the duties, roles and
operations of the Office of Education Performance Audits; and, be itFurther Resolved, That the study shall include, but is not
limited to, consideration of the following areas:
(1) Reviewing the current operations of the Office of
Education Performance Audits;
(2) Reviewing how well the Office of Education Performance
Audits works with other agencies to avoid duplicating oversight of
common areas of inspection and review;
(3) Reviewing and determining the role and duties of the
Office of Education Performance Audits that were instrumental in
persuading the court of its value to our system of thorough and
efficient education and determining how to maintain the role and
duties in light of other recommendations;
(4) Comparing the duties and performance of the Office of
Education Performance Audits to agencies across the country with
similar responsibilities, especially such agencies in the member
states of the Southern Regional Education Board;
(5) Soliciting the assistance of the Education Commission of
the States, the National Conference of State Legislatures and the
Southern Regional Education Board in the study;
(6) Considering the establishment of a process for appeal of
alleged standards violations; and
(7) Determining the appropriate organizational structure and
operating procedures for the Office of Education Performance Audits in the future; and, be itFurther Resolved, That the Legislative Oversight Commission on
Education Accountability report to the regular session of the
Legislature, 2004, on its findings, conclusions and
recommendations, together with drafts of any legislation necessary
to effectuate its recommendations; and, be itFurther Resolved, That the expenses necessary to conduct this
study, to prepare a report and to draft necessary legislation be
paid from legislative appropriations to the Joint Committee on
Government and Finance.
And reports the same back with the recommendation that it be
adopted.
Respectfully submitted,
Robert H. Plymale,Chair. Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under considerationEng. Com. Sub. for House Bill No. 2126, Strengthening
penalties relating to violations of fire laws and rules.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Jeffrey V. Kessler,Chair.
At the request of Senator Kessler, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 2126) contained in
the preceding report from the Committee on the Judiciary was taken
up for immediate consideration, read a first time and ordered to
second reading.
On motion of Senator Kessler, the bill was rereferred to the
Committee on the Judiciary.
Senator Plymale, from the Committee on Education, submitted
the following report, which was received:
Your Committee on Education has had under considerationEng. Com. Sub. for House Bill No. 2281, Raising the allowable
earnings limit of higher education faculty who retired under the
severance plan.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended; but under the original triple committee reference
first be referred to the Committee on Pensions; and then to the
Committee on Finance.
Respectfully submitted,
Robert H. Plymale,Chair.
At the request of Senator Plymale, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 2281) contained in the preceding report from the Committee on Education was taken up
for immediate consideration, read a first time, ordered to second
reading and, under the original triple committee reference, was
referred to the Committee on Pensions; and then to the Committee on
Finance, with an amendment from the Committee on Education pending.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under considerationEng. House Bill No. 2363, Authorizing the tax commissioner to
suspend a business registration certificate if any business
neglects to pay real property taxes thirty days after the
delinquent tax list is published.
With amendments from the Committee on the Judiciary pending;
And has also amended same.
Now on second reading, having been read a first time and
referred to the Committee on Finance on March 5, 2003;
And reports the same back with the recommendation that it do
pass as amended by the Committee on the Judiciary to which the bill
was first referred; and as last amended by the Committee on
Finance.
Respectfully submitted,
Walt Helmick,Chair.
Senator Jenkins, from the Committee on Pensions, submitted the following report, which was received:
Your Committee on Pensions has had under considerationEng. Com. Sub. for House Bill No. 2438, Allowing teachers who
withdrew from the teachers retirement system in favor of the
defined contribution retirement system to return to the teachers
retirement system.Eng. Com. Sub. for House Bill No. 2875, Eliminating a gap in
employment for employees participating in the public employees
insurance plan who were subject to a reduction in force and who are
reemployed and reenter the plan.
And,Eng. Com. Sub. for House Bill No. 3109, Bringing the
provisions of the teachers defined contribution retirement system
in conformity with those of the teachers retirement system.
And reports the same back with the recommendation that they
each do pass; but under the original double committee references
first be referred to the Committee on Finance.
Respectfully submitted,
Evan H. Jenkins,Chair.
At the request of Senator Jenkins, unanimous consent being
granted, the bills (Eng. Com. Sub. for H. B. Nos. 2438, 2875 and
3109) contained in the preceding report from the Committee on
Pensions were each taken up for immediate consideration, read a first time, ordered to second reading and, under the original
double committee references, were then referred to the Committee on
Finance.
Senator Bowman, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under
considerationEng. House Bill No. 2486, Continuing the public employees
insurance agency.Eng. House Bill No. 2670, Continuing the office of judges
until July 1, 2009.Eng. House Bill No. 2829, Continuing the division of culture
and history. Eng. House Bill No. 2830, Continuing the division of natural
resources.Eng. House Bill No. 2831, Continuing the records management
and preservation board.Eng. House Bill No. 2864, Continuing the office of explosives
and blasting.Eng. House Bill No. 2888, Continuing the board of osteopathy.Eng. House Bill No. 2889, Continuing the board of examiners of
psychologists.
And,Eng. House Bill No. 2916, Continuing the state geological and economic survey.
And reports the same back with the recommendation that they
each do pass.
Respectfully submitted,
Edwin J. Bowman,Chair.
At the request of Senator Bowman, unanimous consent being
granted, the bills (Eng. H. B. Nos. 2486, 2670, 2829, 2830, 2831,
2864, 2888, 2889 and 2916) contained in the preceding report from
the Committee on Government Organization were each taken up for
immediate consideration, read a first time and ordered to second
reading.
Senator Bowman, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under
considerationEng. House Bill No. 2505, Allowing municipalities to establish
a procedure for run-off elections in cases of tie votes in
municipal elections.
And reports the same back with the recommendation that it do
pass; but under the original double committee reference first be
referred to the Committee on the Judiciary.
Respectfully submitted,
Edwin J. Bowman,Chair.
At the request of Senator Bowman, unanimous consent being
granted, the bill (Eng. H. B. No. 2505) contained in the preceding
report from the Committee on Government Organization was taken up
for immediate consideration, read a first time, ordered to second
reading and, under the original double committee reference, was
then referred to the Committee on the Judiciary.
Senator Minard, from the Committee on Banking and Insurance,
submitted the following report, which was received:
Your Committee on Banking and Insurance has had under
considerationEng. Com. Sub. for House Bill No. 2675, Mandating insurance
coverage for certain clinical trials for ordinary costs of covered
services.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended; but under the original double committee reference
first be referred to the Committee on Finance.
Respectfully submitted,
Joseph M. Minard,Chair.
At the request of Senator Minard, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 2675) contained in
the preceding report from the Committee on Banking and Insurance was taken up for immediate consideration, read a first time,
ordered to second reading and, under the original double committee
reference, was then referred to the Committee on Finance, with
amendments from the Committee on Banking and Insurance pending.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under considerationEng. House Bill No. 2684, Authorizing the commissioner of
department of highways to set certain speed limits.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Walt Helmick,Chair.
At the request of Senator Helmick, unanimous consent being
granted, the bill (Eng. H. B. No. 2684) contained in the preceding
report from the Committee on Finance was taken up for immediate
consideration, read a first time and ordered to second reading.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under considerationEng. House Bill No. 2693, Providing the ability to define and
draw DNA samples from convicted felons for maintaining a DNA
database.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Jeffrey V. Kessler,Chair.
At the request of Senator Kessler, unanimous consent being
granted, the bill (Eng. H. B. No. 2693) contained in the preceding
report from the Committee on the Judiciary was taken up for
immediate consideration, read a first time and ordered to second
reading.
On motion of Senator Kessler, the bill was rereferred to the
Committee on the Judiciary, with amendments from the Committee on
the Judiciary pending.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under considerationEng. House Bill No. 2700, Adding health maintenance
organization review committee to the definition of "review
organizations".
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Jeffrey V. Kessler,Chair.
At the request of Senator Kessler, unanimous consent being
granted, the bill (Eng. H. B. No. 2700) contained in the preceding
report from the Committee on the Judiciary was taken up for
immediate consideration, read a first time and ordered to second
reading.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under considerationEng. Com. Sub. for House Bill No. 2818, Authorizing the county
commissions of growth counties to include the transfer of
development rights as part of a zoning ordinance.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Jeffrey V. Kessler,Chair.
At the request of Senator Kessler, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 2818) contained in
the preceding report from the Committee on the Judiciary was taken
up for immediate consideration, read a first time and ordered to
second reading.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under considerationEng. House Bill No. 2823, Modifying delinquent real and
personal property collection and purchase requirements.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended; but under the original double committee reference
first be referred to the Committee on Finance.
Respectfully submitted,
Jeffrey V. Kessler,Chair.
At the request of Senator Kessler, unanimous consent being
granted, the bill (Eng. H. B. No. 2823) contained in the preceding
report from the Committee on the Judiciary was taken up for
immediate consideration, read a first time, ordered to second
reading and, under the original double committee reference, was
then referred to the Committee on Finance, with amendments from the
Committee on the Judiciary pending.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under considerationEng. Com. Sub. for House Bill No. 2828, Increasing certain
county clerk, circuit clerk, assessor, sheriff, prosecuting attorney and magistrate court fees.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Walt Helmick,Chair.
At the request of Senator Helmick, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 2828) contained in
the preceding report from the Committee on Finance was taken up for
immediate consideration, read a first time and ordered to second
reading.
Senator Bowman, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under
considerationEng. House Bill No. 2840, Increasing the number of members on
the Greater Huntington Park and making other changes in the act.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Edwin J. Bowman,Chair.
At the request of Senator Bowman, unanimous consent being granted, the bill (Eng. H. B. No. 2840) contained in the preceding
report from the Committee on Government Organization was taken up
for immediate consideration, read a first time and ordered to
second reading.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under considerationEng. House Bill No. 2847, Making the law-enforcement agency
that places a person under arrest responsible for that person's
initial transportation to a regional or county jail.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Jeffrey V. Kessler,Chair.
At the request of Senator Kessler, unanimous consent being
granted, the bill (Eng. H. B. No. 2847) contained in the preceding
report from the Committee on the Judiciary was taken up for
immediate consideration, read a first time and ordered to second
reading.
Senator Sharpe, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under considerationEng. Com. Sub. for House Bill No. 2880, Underground storage
tanks registration fees.
With amendments from the Committee on the Judiciary pending;
Now on second reading, having been read a first time and
referred to the Committee on Finance on March 4, 2003;
And reports the same back with the recommendation that it do
pass as amended by the Committee on the Judiciary to which the bill
was first referred.
Respectfully submitted,
William R. Sharpe, Jr.,Vice Chair.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration Eng. House Bill No. 2882, Limiting requirements for stays for
appeals under the surface coal mining and reclamation act for
unjust hardship.
Now on second reading, having been read a first time and
referred to the Committee on the Judiciary on March 5, 2003;
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Jeffrey V. Kessler,Chair.
Senator Prezioso, from the Committee on Health and Human
Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under
considerationEng. Com. Sub. for House Bill No. 2895, Requiring eight hours
annually of dementia specific training for staff in nursing homes
and personal care homes.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Roman W. Prezioso, Jr.,Chair.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under considerationEng. House Bill No. 2991, Relating to the fee charged by
fiduciary commissioners in settling an estate.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended; but under the original double committee reference
first be referred to the Committee on Finance.
Respectfully submitted,
Jeffrey V. Kessler,Chair.
At the request of Senator Kessler, unanimous consent being
granted, the bill (Eng. H. B. No. 2991) contained in the preceding
report from the Committee on the Judiciary was taken up for
immediate consideration, read a first time, ordered to second
reading and, under the original double committee reference, was
then referred to the Committee on Finance, with amendments from the
Committee on the Judiciary pending.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under considerationEng. House Bill No. 3027, Authorizing the tax commissioner to
waive tax, interest and penalties in specified circumstances which
are otherwise imposed on uncompensated members of the governing
board or board of directors of certain tax exempt organizations.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Walt Helmick,Chair.
At the request of Senator Helmick, unanimous consent being
granted, the bill (Eng. H. B. No. 3027) contained in the preceding
report from the Committee on Finance was taken up for immediate consideration, read a first time and ordered to second reading.
Senator Jenkins, from the Committee on Pensions, submitted the
following report, which was received:
Your Committee on Pensions has had under considerationEng. House Bill No. 3032, Relating to setting forth purpose of
the consolidated public retirement board.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended; but under the original double committee reference
first be referred to the Committee on Finance.
Respectfully submitted,
Evan H. Jenkins,Chair.
The bill, under the original double committee reference, was
then referred to the Committee on Finance, with amendments from the
Committee on Pensions pending.
Senator Bowman, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under
considerationEng. House Bill No. 3050, Authorizing the county commission of
Jefferson County to convey parcel of county-owned land to the
Jefferson County fairgrounds.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Edwin J. Bowman,Chair.
At the request of Senator Bowman, unanimous consent being
granted, the bill (Eng. H. B. No. 3050) contained in the preceding
report from the Committee on Government Organization was taken up
for immediate consideration, read a first time and ordered to
second reading.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under considerationEng. Com. Sub. for House Bill No. 3056, Providing for the
regulation of intrastate driving hours of for-hire carriers.Eng. House Bill No. 3062, Authorizing stockholders of closely
held corporations to file suit for partition of real estate owned
by the corporation when the real estate is the only substantial
asset of the corporation.
And,Eng. House Bill No. 3093, Requiring county commissions to
follow geographic physical features recognized by the United States
Census Bureau when determining precinct boundaries.
And reports the same back with the recommendation that they each do pass.
Respectfully submitted,
Jeffrey V. Kessler,Chair.
At the request of Senator Kessler, unanimous consent being
granted, the bills (Eng. Com. Sub. for H. B. No. 3056, Eng. H. B.
No. 3062 and Eng. H. B. No. 3093) contained in the preceding report
from the Committee on the Judiciary were each taken up for
immediate consideration, read a first time and ordered to second
reading.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under considerationEng. Com. Sub. for House Bill No. 3070, Providing that a mass
convention of a political party, to elect delegates to the state
convention, be held in the county instead of the various
magisterial districts.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Jeffrey V. Kessler,Chair.
At the request of Senator Kessler, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 3070) contained in the preceding report from the Committee on the Judiciary was taken
up for immediate consideration, read a first time and ordered to
second reading.
Senator Prezioso, from the Committee on Health and Human
Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under
considerationEng. Com. Sub. for House Bill No. 3075, Providing for
nonrelative visitation for health care patients.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Roman W. Prezioso, Jr.,Chair.
Senator Minard, from the Committee on Banking and Insurance,
submitted the following report, which was received:
Your Committee on Banking and Insurance has had under
considerationEng. House Bill No. 3089, Modifying various requirements of
financial institutions notifying the real estate commission in
certain circumstances.
And has amended same.
And,Eng. House Bill No. 3105, Eliminating the interest payment on
any untimely provider paid claims for health care services if the
amount of interest is less than one dollar.
And has amended same.
And reports the same back with the recommendation that they
each do pass, as amended; but under the original double committee
references first be referred to the Committee on the Judiciary.
Respectfully submitted,
Joseph M. Minard,Chair.
At the request of Senator Kessler, as chair of the Committee
on the Judiciary, unanimous consent was granted to dispense with
the second committee reference of Engrossed House Bill No. 3089
contained in the foregoing report from the Committee on Banking and
Insurance.
At the request of Senator Minard, unanimous consent being
granted, Engrossed House Bill No. 3089 contained in the preceding
report from the Committee on Banking and Insurance was taken up for
immediate consideration, read a first time and ordered to second
reading.
At the request of Senator Minard, unanimous consent being
granted, Engrossed House Bill No. 3105 contained in the preceding
report from the Committee on Banking and Insurance was taken up for
immediate consideration, read a first time, ordered to second reading and, under the original double committee reference, was
then referred to the Committee on the Judiciary, with amendments
from the Committee on Banking and Insurance pending.
Senator Bowman, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under
considerationEng. Com. Sub. for House Bill No. 3092, Clarifying the
prohibited discrimination and changing the employee's remedy for a
violation of prohibited acts.
And reports the same back with the recommendation that it do
pass; but under the original double committee reference first be
referred to the Committee on the Judiciary.
Respectfully submitted,
Edwin J. Bowman,Chair.
At the request of Senator Kessler, as chair of the Committee
on the Judiciary, unanimous consent was granted to dispense with
the second committee reference of the bill contained in the
foregoing report from the Committee on Government Organization.
At the request of Senator Bowman, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 3092) contained in
the preceding report from the Committee on Government Organization
was taken up for immediate consideration, read a first time and ordered to second reading.
Senator Bowman, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under
considerationEng. House Bill No. 3141, Requiring the contractor licensing
board to provide renewal notice to licensees.
And reports the same back with the recommendation that it do
pass; but under the original double committee reference first be
referred to the Committee on Finance.
Respectfully submitted,
Edwin J. Bowman,Chair.
At the request of Senator Bowman, unanimous consent being
granted, the bill (Eng. H. B. No. 3141) contained in the preceding
report from the Committee on Government Organization was taken up
for immediate consideration, read a first time, ordered to second
reading and, under the original double committee reference, was
then referred to the Committee on Finance.
Pending announcement of a meeting of a standing committee of
the Senate,
On motion of Senator Chafin, the Senate recessed for five
minutes.

Night Session

Upon expiration of the recess, the Senate reconvened and
resumed business under the fourth order.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under considerationEng. House Bill No. 2953, Establishing a mechanism to
eliminate any actuarially projected unfunded liability in the
Prepaid Tuition Trust Fund.
And reports the same back without recommendation as to
passage.
Respectfully submitted,
Walt Helmick,Chair.
At the request of Senator Helmick, unanimous consent being
granted, the bill (Eng. H. B. No. 2953) contained in the preceding
report from the Committee on Finance was taken up for immediate
consideration, read a first time and ordered to second reading.
On motion of Senator Helmick, the bill was rereferred to the
Committee on Finance.
Pending announcement of meetings of standing committees of the
Senate,
On motion of Senator Chafin, the Senate adjourned until
tomorrow, Friday, March 7, 2003, at 11 a.m.